Foley Hoag Wins Criminal Appeal for Client Who Received Ineffective Assistance of Counsel

June 4, 2015

Foley Hoag LLP recently secured a victory in the United States Court of Appeals for the First Circuit, which vacated the criminal convictions of a client serving an eleven-year criminal sentence.

Attorneys Daniel Marx, Michele Adelman and Shrutih Tewarie, along with paralegal Judy Gallant and former colleague Robin Toone, persuaded a three-judge panel that the firm’s client had received ineffective assistance of counsel in violation of his Sixth Amendment rights, because his trial counsel failed to move to suppress statements that the client made to the police following his illegal arrest. Although Sixth Amendment claims rarely prevail on direct appeal, and typically must be raised much later on in a collateral proceeding, the First Circuit concluded that this appeal presented “an exceptional case,” warranting a new trial with competent defense counsel.

The First Circuit also addressed sentencing errors committed by the district court, including improperly punishing the firm’s client based upon the erroneous finding that he had been “untruthful” during his sentencing hearing. Emphasizing that the client had only limited knowledge of English, the appeals court held that any inaccuracies in his statements during his sentencing hearing were likely the result of inadvertent miscommunication rather than intentional dishonesty. The First Circuit admonished sentencing courts to “exercise great caution before penalizing a defendant with limited proficiency in English based on arguably ambiguous statements.”

About Foley Hoag LLP

Foley Hoag provides innovative, strategic legal services to public, private and government clients across the globe. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse backgrounds, perspectives and experiences of our lawyers and staff contribute to the exceptional senior level service we deliver to clients ranging from startups to multinational companies to sovereign states. For more information, visit www.foleyhoag.com or follow @FoleyHoag on Twitter.

Email Disclaimer

Transmitting information to us by e-mail unilaterally does not establish an attorney-client relationship or impose an obligation on either the law firm or even the receiving lawyer to keep the transmitted information confidential. By clicking "OK," you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us unless we already represent you or unless we have agreed to receive limited confidential material/information from you as a prospective client. Thus, if you are not a client or someone we have agreed to consider as a prospective client, information you submit to us by e-mail may be disclosed to others or used against you.

If you would like to discuss becoming a client, please contact one of our attorneys to arrange for a meeting or telephone conference. If you wish to disclose confidential information to a lawyer in the firm before an attorney-client relationship is established, the protections that the law firm will provide to such information from a prospective client should be discussed before such information is submitted. Thank you for your interest in Foley Hoag.